MIAM Explained: What It Is and When You Can Skip It

Before you can apply to family court in England and Wales, you are usually required to attend a Mediation Information and Assessment Meeting, known as a MIAM.

This is not a mediation session. It is a meeting with a trained mediator to find out whether your dispute could be resolved through mediation rather than through court proceedings.

Some people do not know this requirement exists until they try to file a C100 and are told they need a MIAM certificate. Others know it exists but do not understand when the exemptions apply.

This guide explains what a MIAM is, what happens at one, when you are exempt, and what happens if you ignore the requirement. There is also a section for Northern Ireland, where the position differs.

What Is a MIAM?

A Mediation Information and Assessment Meeting is a meeting with a qualified, authorised mediator. It usually lasts about an hour. It is held before court proceedings start, not during them.

The purpose is to give you information about mediation as an alternative to court, and to allow the mediator to assess whether your case is suitable for mediation.

At the end of the meeting, the mediator issues a MIAM certificate. This certificate is signed by the mediator and confirms you attended. You attach it to your C100 form when you apply to court.

The MIAM requirement applies in England and Wales under the Family Procedure Rules 2010, as amended. It applies to most private law family applications, including applications for Child Arrangements Orders, Prohibited Steps Orders, and Specific Issue Orders.

What Happens at a MIAM?

You meet with an authorised mediator, usually at their office or online. The meeting is confidential. The other party may have a separate meeting with the same mediator, or may attend at a different time.

The mediator explains what mediation is. They assess whether your case is suitable: whether there are safety concerns, whether both parties are willing to engage, whether mediation is likely to be helpful.

You are not required to agree to mediation at the MIAM. The purpose is information and assessment, not commitment.

If the mediator considers that mediation is not suitable or you decide not to proceed with it, they issue the certificate anyway. You can then apply to court.

MIAM costs vary but are typically £100 to £200 per person for the initial meeting. Some mediators offer means-tested rates or Legal Aid for those who qualify.

The Exemptions: When You Do Not Need a MIAM

There are a number of circumstances in which you are exempt from the MIAM requirement. These are set out in the Family Procedure Rules.

Domestic Abuse

If there is evidence of domestic abuse involving you, the other party, or a child, you may be exempt from attending a MIAM.

The exemption requires evidence. It is not enough to say that domestic abuse occurred. The Family Procedure Rules set out specific types of evidence that qualify. These include a letter from a doctor, health visitor, or other professional confirming evidence of domestic abuse. A police caution or conviction. An injunction or non-molestation order. A letter from a domestic abuse support organisation.

This is the most commonly used exemption. But it is also the most commonly incorrectly completed. Ticking the domestic abuse exemption box on the C100 without the appropriate evidence can cause problems. Courts can check. Judges take a dim view of exemptions claimed without basis.

Child Protection Concerns

If there is an ongoing investigation by children's services, or if there is a live public law case involving a child, you are exempt.

Urgency

If the application is urgent, for example where a child needs immediate protection or where there is an imminent risk to someone's safety, you may be exempt. This exemption is intended for genuine emergencies, not simply for cases where you would prefer to apply quickly.

Previous MIAM Attendance

If you have attended a MIAM within the previous four months in relation to the same dispute, you are exempt from attending another one.

Mediator Unavailability

If no authorised mediator is available within 15 business days of you contacting them, and you can provide evidence of this, you may be exempt.

Other Exemptions

There are further exemptions for cases involving bankruptcy, cases with an international dimension, and cases where the applicant is a child. These are less commonly encountered in private law proceedings.

What If You Ignore the Requirement?

If you file a C100 without a MIAM certificate and without a valid exemption, the court may return your application or adjourn your first hearing to require you to attend a MIAM.

More significantly, a judge who discovers that you claimed an exemption without valid grounds may take a negative view of your conduct. Courts expect parties to consider mediation seriously.

Is Mediation Worth Trying?

Mediation is not always possible. It is not appropriate where there is domestic abuse, where there is a significant imbalance of power between the parties, or where one party is simply unwilling to engage.

Where it is appropriate, it can be valuable. A mediated agreement reached outside court is usually quicker, cheaper, and less damaging to the co-parenting relationship than a contested hearing.

The MIAM is not asking you to agree to mediation. It is asking you to consider it. Those are different things.

Northern Ireland: A Different Position

Getting Clarity on the MIAM Requirement

If you are unsure whether you are exempt, which evidence is needed, or how to complete the MIAM section of the C100, get guidance before you file.

Getting the MIAM section wrong does not just cause a delay. It can give the other party an argument about your conduct and your willingness to resolve matters without court.

Pricing starts at £297 for one hour.